The Supreme Court has issued a notice to the Uttar Pradesh government in response to a plea from Congress leader Ajay Rai. Rai is challenging a decision by the Allahabad High Court, which refused to stop criminal proceedings against him.
These proceedings are ongoing in a Varanasi trial court under several sections of the Indian Penal Code (IPC) and the Gangsters Act. The case dates back to 2010.
A bench of Justices Abhay S. Oka and Rajesh Bindal has requested a response from the Uttar Pradesh government and Bhanu Pratap Singh, who lodged the original complaint.
Rai’s lawyer, who contested the Varanasi seat against Prime Minister Narendra Modi in a recent election, sought to halt the trial proceedings. However, the bench declined this request and scheduled the next hearing for July 15.
On May 19, the Allahabad High Court dismissed a petition from Ajay Rai, who is the president of the Uttar Pradesh Congress Committee (UPCC). Rai wanted the case against him under the Gangsters Act to be dismissed.
The original complaint in this case was filed on March 26, 2010, by Bhanu Pratap Singh at the Chetganj police station in Varanasi. The complaint named six individuals, including Rai.
The High Court had previously rejected a compromise agreement between the accused, including Rai, and the complainant, which was reached on September 28, 2023.
The court stated that offences under the Gangsters Act are independent and not at the complainant's discretion but imposed by the state government to meet the Act's objectives.
Therefore, it ruled there was no legal basis to dismiss the proceedings under section 7 of the Criminal Law (Amendment) Act and section 3(1) of the UP Gangsters Act, even if there had been a compromise for the IPC offences.
Ajay Rai, a prominent Congress leader, has had a long political career and has contested multiple elections. He recently ran for the Varanasi seat against Prime Minister Narendra Modi.
Rai's legal troubles have been a significant point of contention, and the outcome of this case could impact his political career. The Supreme Court’s notice is a significant development, giving Rai an opportunity to present his arguments at the highest judicial level.
The response from the Uttar Pradesh government and Bhanu Pratap Singh will be crucial in determining the next steps in the legal process. The hearing scheduled for July 15 will be pivotal in deciding whether the proceedings under the Gangsters Act will continue or be dismissed.
This case continues to draw attention due to its political implications and the legal principles involved in applying the Gangsters Act. The Supreme Court's involvement underscores the importance of judicial oversight in ensuring that the application of such laws aligns with legal standards and protects individual rights.
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